45-35A-56.06
Section 45-35A-56.06 Written agreement; other terms and conditions. (a) Following the decision
of the city attorney to admit the offender into the pretrial diversion program, but prior
to entry, the city attorney and the offender shall enter into a written agreement stating
the conditions of the participation of the offender in the program. The agreement shall include,
but not be limited to, all of the following: (1) A voluntary waiver of the right of the offender
to a speedy trial. (2) An agreement to the tolling, while in the program, of periods of limitations
established by statutes or rules of court. (3) An agreement to the conditions of the program
established by the city attorney. (4) If there is a victim of the charged crime, an agreement
to the restitution repayment within a specified period of time and in an amount to be determined
by the city attorney taking into account circumstances of the offender and the victim. (5)
A waiver in writing of the right of the offender to a...
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45-29-82.70
Section 45-29-82.70 Pretrial diversion program fund. The district attorney shall establish
a pretrial diversion program fund. All fees paid by offenders pursuant to this subpart to
the district attorney shall be placed into the pretrial diversion program fund. The district
attorney shall disburse 20 percent of the funds to the Twenty-fourth Judicial Circuit Judicial
Administration Fund; the remainder of the funds shall be used to pay costs associated with
the administration of the pretrial diversion program or for other law enforcement purposes.
Costs associated with program administration shall include, but shall not be limited to, salaries,
rent, vehicles, uniforms, professional or business attire, telephones, postage, office supplies
and equipment, training and travel services, service contracts, and professional services.
The district attorney may pay for services or programs for an offender while the offender
is in the pretrial diversion program if special circumstances and...
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45-9-82.30
Section 45-9-82.30 Pretrial Diversion Program Fund. The district attorney shall establish a
Pretrial Diversion Program Fund. Fees paid by offenders pursuant to Section 45-9-82.27 shall
be placed into the Pretrial Diversion Program Fund. The district attorney shall use the funds
in the Pretrial Diversion Program Fund to pay costs associated with the administration of
the pretrial diversion program or for other law enforcement purposes. Costs associated with
program administration shall include, but shall not be limited to, salaries, rent, vehicles,
uniforms, professional or business attire, telephones, postage, office supplies and equipment,
training and travel services, service contracts, and professional services. The district attorney
may pay for services or programs for an offender while the offender is in the pretrial diversion
program if special circumstances and justice dictate. (Act 2005-148, p. 258, §11.)...
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45-42-82.49
Section 45-42-82.49 Program requirements; termination from program liability for costs and
fees. (a) Upon acceptance of an offender into the pretrial diversion program, the district
attorney and the offender shall submit the offender's written application together with the
offender's statement of facts, the district attorney's acceptance of the offender, and the
agreement between the district attorney and the offender to the court presiding over the offender's
affected case. The offender shall also enter a plea of guilty to the charge or charges involved.
(b) Upon acceptance of the agreement, the court shall withdraw and file the case or otherwise
place it on an administrative docket until such time as the court has been notified that the
offender has either fulfilled the terms of the agreement or has been terminated from the program.
However, acceptance of the plea of guilty and imposition of punishment by the court shall
be deferred until and unless the offender is terminated from...
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45-7-82.31
Section 45-7-82.31 Pretrial Diversion Program Fund. (a) If the offender violates any condition
of the pretrial diversion program agreed to in writing by the offender and the district attorney,
the district attorney may terminate the participation of the offender in the program and pursue
criminal charges against the offender. The offender shall be given written notice of the intent
of the district attorney to terminate him or her from the pretrial diversion program, including
the reason for the termination. Upon removal from the program, the offender will be deemed
to forfeit, for the use of the pretrial diversion program purposes provided for in this subpart,
any fees paid for the admission into the pretrial diversion program. (b) The district attorney
may waive a violation for good cause shown why the offender should stay in the pretrial diversion
program. (Act 2009-460, p. 802, §12.)...
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12-17-226.2
Section 12-17-226.2 Applicants for admittance. (a) A person charged with a criminal offense
specified in subsection (b) whose jurisdiction is in the circuit court or district court in
a circuit in which a pretrial diversion program has been created pursuant to this division
may apply to the district attorney of the circuit for admittance to the program. (b) A person
charged with any of the following offenses may apply for the pretrial diversion program: (1)
A drug offense, excluding sale of a controlled substance as provided in Section 13A-12-211,
trafficking in controlled substances or cannabis as provided in Section 13A-12-231, manufacturing
controlled substances in the first degree as provided in Section 13A-12-218, or trafficking
in an analog controlled substance. (2) A property offense. (3) An offense that does not involve
serious physical injury, death, a victim under the age of 14, or a sex offense involving forcible
compulsion or incapacity of a victim. (4) A misdemeanor or...
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45-27-82.29
Section 45-27-82.29 Pretrial diversion fund. The district attorney shall establish a Pretrial
Diversion Fund. All fees paid by offenders as set out in this subpart to the district attorney
shall be placed into the Pretrial Diversion Fund. The district attorney shall use the funds
to pay costs associated with the administration of the pretrial diversion program or for other
law enforcement purposes. Costs associated with program administration shall include, but
shall not be limited to, salaries, rent, vehicles, telephones, postage, office supplies and
equipment, training and travel services, service contracts, and professional services. The
district attorney may pay for services or programs for an offender while the offender is in
the pretrial diversion program if special circumstances and justice dictate. (Act 95-388,
p. 791, §10.)...
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45-39-82.01
Section 45-39-82.01 Pretrial diversion program established; discretionary powers; supervision
and control. (a) The district attorney may establish a pretrial diversion program within the
Eleventh Judicial Circuit in Lauderdale County. (b) All discretionary powers endowed by the
common law, provided for by statute and acts of this state, or otherwise provided by law for
the district attorneys of this state shall be retained. (c) The pretrial diversion program
shall be under the direct supervision and sole control of the district attorney. (d) The district
attorney may contract with any agency, person, or corporation for services related to this
part and may employ persons necessary to accomplish this part, who shall serve at the pleasure
of the district attorney. (Act 2011-651, p. 1661, §2.)...
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12-17-226.3
Section 12-17-226.3 Standards for admission. (a) In determining whether an offender may be
admitted into a pretrial diversion program established under this division, it shall be appropriate
for the district attorney to consider any of the following circumstances: (1) If the offender
is 18 years of age or older at the time the offense was committed. (2) There is a probability
justice will be served if the offender is placed in the pretrial diversion program. (3) It
is determined the needs of the community and of the offender can be met through the pretrial
diversion program. (4) The offender appears to pose no substantial threat to the safety and
well-being of the community or law enforcement. (5) The offender is not likely to be involved
in further criminal activity. (6) The offender will likely respond to rehabilitative treatment.
(7) The expressed wish of the victim for the offender to participate in the pretrial diversion
program. (8) Undue hardship upon the victim. (9) Whether the...
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45-1-82.04
Section 45-1-82.04 Admission into program. (a) Prior to being admitted to the pretrial diversion
program or as a part of the district attorney's evaluation process, an applicant may be required
by the district attorney to furnish information concerning past criminal history, educational
history, work record, family history, medical or psychiatric treatment or care received, psychological
tests taken, and any other information concerning the offender which the district attorney
believes has a bearing on the decision as to whether or not the offender should be admitted
to the pretrial diversion program. (b) The district attorney may require the offender to submit
to any type of test or evaluation process or interview the district attorney deems appropriate
in evaluating the offender for admittance into the pretrial diversion program. The costs of
any test or evaluation shall be paid by the offender or as otherwise agreed to or as provided
for by this part. (Act 2006-89, p. 110, §5.)...
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